DIR2004-00001 January 9, 2004
Director's Interpretation regarding the removal of hazardous trees within a
sensitive area.
This interpretation is being made in response to the City Arborist's request to
remove 24 trees in close proximity to Derry Dell Creek that he has deemed
hazardous. The question was posed as to whether or not individual tree removal
permits are required for the proposed action.
Section 18.790.050 of the Tigard Development Code (TDC) outlines the permit
applicability for trees that are removed on non - developing properties, and for
trees that are located within "Sensitive Areas."
TDC Section 18.775.010(G) identifies sensitive lands as lands potentially
unsuitable for development because of their location within the 100 -year
floodplain, natural drainageways, regulated wetlands, or on steep slopes of 25%
or greater and unstable ground.
Under section 18.790.050(D)(2 -3) trees that are identified as hazardous by a
certified arborist, or are deemed a nuisance affecting public safety as defined in
Chapter 7.40 of the Tigard Municipal Code are exempt from the requirement for
tree removal permits.
Therefore, no tree removal permits are required for trees within sensitive areas
when they are deemed hazardous by a certified arborist, or are found to be a
public nuisance onsistent with Chapter 7.40 of the Tigard Municipal Code.
L (1 / //o/
es N.P. Hendryx
Community Development Director
DATE: 1/9/2004
CODE SECTIONS: 18.790 -
18.775
TOPIC: Hazardous Tree Removal Within Sensitive Areas
INTERPRETATION: DIRECTOR'S INTERPRETATION (James N.P. Hendryx) REGARDING THE REMOVAL
OF HAZARDOUS TREES WITHIN A SENSITIVE AREA.
This interpretation is being made in response to the City Arborist's request to remove 24
trees in close proximity to Derry Dell Creek that he has deemed hazardous. The question
was posed as to whether or not individual tree removal permits are required for the
proposed action.
Section 18.790.050 of the Tigard Development Code (TDC) outlines the permit
applicability for trees that are removed on non - developing properties, and for trees that are
located within "sensitive areas."
TDC Section 18.775.010(G) identifies sensitive lands as lands potentially unsuitable for
development because of their location within the 100 -year floodplain, natural
drainageways, regulated wetlands, or on steep slopes of 25% or greater and unstable
ground.
Under Section 18.790.050(D)(2 -3) trees that are identified as hazardous by a certified
arborist, or are deemed a nuisance affecting public safety as defined in Chapter 7.40 of
the Tigard Municipal Code, are exempt from the requirement for tree removal permits.
Therefore, no tree removal permits are required for trees within sensitive areas when they
are deemed hazardous by a certified arborist, or are found to be a public nuisance
consistent with Chapter 7.40 of the Tigard Municipal Code.